Discharge Without
Conviction – Section 106
Protecting your employment, professional registration, immigration status, travel and future opportunities.
A criminal conviction can have consequences well beyond the sentence imposed by the Court. In appropriate cases, the Court can grant a discharge without conviction under section 106 of the Sentencing Act 2002.
ActiveLegal regularly advises and represents clients seeking a discharge without conviction. We can assess whether an application is realistic and prepare the evidence and legal submissions required.
(09) 575 5111
Call us today for a confidential chat.
Can I Get a Discharge Without Conviction?
Whether a discharge without conviction is available depends on the facts of your case. Under section 107 of the Sentencing Act 2002, the Court must be satisfied that the direct and indirect consequences of a conviction would be out of all proportion to the gravity of the offending.
Are the direct and indirect consequences of conviction out of all proportion to the gravity of the offending?
The Court generally considers three key questions:
A strong Section 106 application identifies the consequences that genuinely apply to you and supports them with reliable evidence.
How Can a Conviction Affect Me?
For a discharge without conviction application, the important issue is the specific effect a conviction is likely to have on you. Depending on your circumstances, consequences may include:
The important question is not simply whether a conviction could cause difficulties. It is what a conviction is likely to mean for you personally, and whether those consequences can be supported by reliable evidence.
What Evidence Do I Need For a
Discharge Without Conviction?
A discharge without conviction application should be supported by evidence that proves the consequences relied upon and, where relevant, the steps you have taken since the offending.
EVIDENCE OF CONSEQUENCES
EVIDENCE ABOUT YOU AND
THE OFFENDING
The evidence should be tailored to your case. The purpose is not simply to provide the Court with a large number of documents, but to provide reliable evidence that supports the particular consequences relied upon in your application.
ActiveLegal will advise you on the evidence you need and help you obtain, prepare and present a strong, focused application to the Court.
How ActiveLegal Prepares Your Application
A discharge without conviction requires careful preparation. ActiveLegal takes a structured approach from the initial assessment through to the Court hearing.
Discharge Without Conviction - Case Results
Section 106 is not limited to one type of offence. Whether a discharge without conviction may be considered depends on the particular offending, its gravity, the consequences of conviction and the available evidence.
EVIDENCE ABOUT YOU AND
THE OFFENDING
The evidence should be tailored to your case. The purpose is not simply to provide the Court with a large number of documents, but to provide reliable evidence that supports the particular consequences relied upon in your application.
ActiveLegal will advise you on the evidence you need and help you obtain, prepare and present a strong, focused application to the Court.
What Charges Can Receive a Discharge Without Conviction?
Section 106 is not limited to one type of offence. Whether a discharge without conviction may be considered depends on the particular offending, its gravity, the consequences of conviction and the available evidence.
The type of charge is only one part of the assessment.
The Court must weigh the gravity of the offending against the direct and indirect consequences of conviction.
